My grandmother died in Feb 07 and she left my daughter and my brother $8800 to go towards their school as long as they have passing grades. Here's the issue, she left the money to my uncle to be used for those purposes, when I saw a copy of the will I called him back in September about it and he basically said he wasn't giving me the money for my daughter.
What should I do? I don't have money to sue him, and I make too much to get legal aid. I called a few lawyers and even though they think I have a great case, I don't have the $2500 to retain a lawyer. Should I take him to small claims court? Also, my brother is no longer in school, so should I sue him for the full $8800 or for half of that??
I'm a single parent with two daughters and I'm at my wits end about this? Should I just drop it?
2007-11-30 02:56:01 · 4 answers · asked by eventmixology 2 in Politics & Government ➔ Law & Ethics
My grandmother did put it in writing, it's in the will, all spelled out in black and white.
2007-11-30 03:39:59 · update #1
If the will was filed for probate, go back to the court and ask them what steps to take in regard to a will that was not properly and fully administered by the executor. Let the probate court do the work,.
2007-11-30 03:06:38 · answer #1 · answered by wizjp 7 · 0⤊ 0⤋
You have learnt a bitter lesson about money, relatives and wills. IF IT ISN'T IN WRITING, IT IS NOT ENFORCABLE. In many states, small claims court is not appropriate; there is a special court for wills and probates. Legal aid won't help you; they are too involved with criminal issues and evictions and more pressing issues. Since your brother apparently never received his half, you certainly can't sue him for what he doesn't have.
You would have to prove by the "preponderance" of the evidence (what you say or present is more believable than what your uncle could say or present) that (1) your grandmother actually intended to leave you the money (2) her will was NOT altered to simply leave it to your uncle and (3) your uncle was aware of your grandmothers intent. My guess is this wont fly and the lawyer who asked for $ 2500 up front was getting ready to take you for a ride. Unless there is something I have missed, you better just drop it (or find someone to drop your uncle).
2007-11-30 03:25:14 · answer #2 · answered by cattbarf 7 · 0⤊ 1⤋
You should not. Was the will not probated? Go to your local legal help center - call the court clerk and they can help you find them - and get their advice on how to proceed. It's usually a low cost or no cost process.
2007-11-30 03:03:52 · answer #3 · answered by Lex 7 · 0⤊ 0⤋
don't drop it it is legally your daughters if she is keeping up her grades if he does not give her the money how about small claims court this is a legal binding document and he is stealing from her
2007-11-30 03:13:41 · answer #4 · answered by butterfly 3 · 0⤊ 0⤋